NYPD Marijuana Operations Order

OPERATIONS ORDER
SUBJECT:
ENFORCEMENT
OF
CRIMINAL
POSSESSION
MARIJUANA, FIFTH DEGREE, SUBDIVISION ONE
DATE ISSUED:
OF
NUMBER:
11-11-14
43
1.
This Order allows for the issuance of a Criminal Court summons, in lieu of arrest, to
people found in possession of a small amount of marijuana defined as 25 grams or less in a public
place and open to public view. Eligible, properly identified people will be issued a Criminal Court
summons for Unlawful Possession of Marihuana, a violation, rather than arrested for Criminal
Possession of Marihuana, a misdemeanor. The Criminal Court summons will be issued for the lesser
included offense of Unlawful Possession of Marihuana (Penal Law 221.05).
2.
This Order will apply only to people found in possession of a small amount of marijuana
open to public view, in a public place, that is consistent with personal use. A person found in possession
of marijuana burning in a public place will be arrested and charged with Criminal Possession of
Marihuana in the Fifth Degree, subdivision one (Penal Law 221.10 (1)), a misdemeanor. Additionally, a
person found in possession of marijuana in public view in a manner that is inconsistent with personal
use will be arrested and charged with the appropriate degree of Criminal Possession of Marihuana.
3.
Therefore, effective November 19, 2014, at 0001 hours, members of the service will
adhere to the following procedure when they apprehend people for violating Penal Law section 221.10
(1), Criminal Possession of Marihuana in the Fifth Degree, subdivision one possession in public view
only:
PURPOSE
To provide for the issuance of a Criminal Court summons (C-summons) in

lieu of an arrest for eligible people apprehended for violating Penal Law
section 221.10 (1), Criminal Possession of Marihuana in the Fifth Degree,
subdivision one possession in public view only.
PROCEDURE
When a person is found in possession of 25 grams or less of marijuana in a

public place and open to public view that is not burning and is consistent with
personal use:
UNIFORMED
MEMBER OF
THE SERVICE
CONCERNED
1.
2.
3.
Confiscate contraband for subsequent testing and invoicing as per

Patrol Guide Procedure 218-08 Field Testing of Marijuana by
Selected Uniformed Members of the Service within the Patrol Services
and Housing Bureaus.
Determine if there is probable cause to believe that the person
committed any other fingerprintable offense beyond the mere
possession of marijuana in public view.
Inform person that he/she may be issued a C-Summons, if qualified.
a.
Disqualifying factors for a C-Summons issued in conformance
with Patrol Guide Procedure 209-01, Conditions of Service,
for Criminal Possession of Marihuana in the Fifth Degree,
subdivision one public view only are:
(1)
Person has an active warrant
1 of 5
UNIFORMED
MEMBER OF
THE SERVICE
CONCERNED
(continued)
(2)
4.
5.
NOTE
Person is wanted in connection with an active

INVESTIGATION CARD (PD373-163) labeled
Perpetrator probable cause to arrest
(3)
Person is charged with other fingerprintable offenses
(4)
Person is not properly identified.
Establish persons identity through observation of valid identification
documents.
a.
For the purposes of this procedure, valid documents include:
(1)
Valid Photo Driver License (From New York State,
another state, or another country)
(2)
Valid passport
(3)
Citizenship or naturalization papers
(4)
New York State Non-Drivers Permit
(5)
New York State Drivers Permit
(6)
Other government photo identification
(7)
School identification card issued by high school,
community college, college or university
(8)
Birth certificate
(9)
New York State Benefit Identification card
(10) NYC Department of Consumer Affairs Vendor Licenses
(11) A City, State, or Federal employee identification card
(12) Utility bill dated within the last three month, listing
persons name and current address.
b.
Members should note that these are general guidelines, and
other forms of identification may be acceptable.
Determine if the person has an active warrant or an active
INVESTIGATION CARD labeled Perpetrator probable cause to
arrest by requesting a check through Communications Section, the
local precinct, and/or through the use of a mobile device.
A person should be issued a summons in the field unless further investigation is

needed or conditions warrant processing at a Department facility.
IF THE PERSON IS ISSUED A CRIMINAL COURT SUMMONS IN THE

FIELD
UNIFORMED
MEMBER OF
THE SERVICE
CONCERNED
6.
7.
Issue the person a summons for the lesser included offense of P.L.
221.05 Unlawful Possession of Marihuana, as per Patrol Guide
Procedure 209-09, Personal Service of Summonses Returnable to
Traffic Violations Bureau or Criminal Court.
Deliver marijuana to Desk Officer, precinct of occurrence
OPERATIONS ORDER NO.

Page 2 of 5
43
DESK OFFICER
8.
9.
Have marijuana invoiced as per Patrol Guide Procedure 218-08,

Field Testing Marijuana by Selected Uniformed Members of the
Service within the Patrol Services and Housing Bureaus.
Ensure testing member prepares the MARIJUANA SUPPORTING
DEPOSITION/ FIELD TEST REPORT (PD381-145) in accordance
with P.G. 209-09, Personal Service of Summonses Returnable to
IF THE PERSON IS TO BE REMOVED TO THE COMMAND

UNIFORMED
MEMBER OF
THE SERVICE
CONCERNED
10.
Comply with appropriate arrest processing guidelines and remove

person to precinct of arrest or a designated arrest facility and advise
desk officer of facts.
a.
Determine whether the person should be issued a C-summons
or processed as an online arrest.
b.
Include in Command Log entry that the circumstances of the
summons or arrest were in conformance with the standards set
forth in this Order.
DESK OFFICER
11.
Question officer regarding circumstances that led to the apprehension

of the person and the seizure of the marijuana.
a.
Determine whether the person should be issued a C-summons
or arrested.
b.
Include in Command Log entry the circumstances of the
summons or arrest.
Allow person to contact a third party in order to obtain appropriate
identification, when such identification is necessary for the issuance of
a summons or Desk Appearance Ticket (DAT).
a.
Delay arrest processing a reasonable amount of time to allow
the delivery of such document(s).
Determine whether the persons identity has been verified. Determine
whether the person has an active warrant or INVESTIGATION
CARD.
Direct issuance of C-summons if appropriate.
12.
13.
14.

IF PERSON QUALIFIES FOR A CRIMINAL COURT SUMMONS AT THE

STATION HOUSE
UNIFORMED
MEMBER OF
THE SERVICE
CONCERNED
15.
Issue the person a C-summons for violation of P.L. 221.05 Unlawful

Possession of Marihuana, as per Patrol Guide Procedure 209-09,
Personal Service of Summonses Returnable to Traffic Violations
Bureau or Criminal Court.

Page 3 of 5
43
DESK OFFICER
16.
17.
18.
19.
Release person after C-summons has been issued.

Make Command Log entry and process summons as per Patrol Guide
procedure 209-09, Personal Service of Summonses Returnable to
Ensure marijuana is invoiced as per Patrol Guide Procedure 218-08,
Field Testing Marijuana by Selected Uniformed Members of the
Service within the Patrol Services and Housing Bureaus.
a.
Once a decision is made to issue a C-summons, do not delay
the release of the person in order to field test the marijuana.
Ensure testing member prepares the MARIJUANA SUPPORTING
DEPOSITION/ FIELD TEST REPORT (PD381-145) in accordance
with P.G. 209-09, Personal Service of Summonses Returnable to
IF PERSON DOES NOT QUALIFY FOR A CRIMINAL COURT

SUMMONS AT THE STATION HOUSE
DESK OFFICER
20.
21.
ADDITIONAL
DATA
Direct issuance of Desk Appearance Ticket (DAT) if person is

properly identified and eligible.
a.
Disqualifying factors for a DAT for the charge of Criminal
Possession of Marihuana in the Fifth Degree are:
i.
Person refuses to sign the DAT
ii.
Person has an active warrant
iii.
Person is under the influence of drugs/alcohol to the
degree that he may endanger himself or others
iv.
Person owes DNA.
b.
If person has an active INVESTIGATION CARD labeled
Perpetrator - probable cause to arrest:
i.
Notify the Criminal Intelligence Section, Regional
Intelligence Support Center (RISC) of active
INVESTIGATION CARD
ii.
Continue with DAT process and release person to
responding detective
iii.
Do not release person with an active probable cause
INVESTIGATION CARD if no detective is available
to re-arrest person. In this situation deny the DAT and
process online.
If person is not eligible for a C-summons or DAT ensure that the arrest
is processed online as per existing Department procedures.
A GROUP OF PEOPLE SMOKING MARIJUANA

If a group of people are observed smoking and passing a burning marijuana cigarette
in public, all persons observed in possession of the burning marijuana may be
arrested for Criminal Possession of Marijuana in the Fifth Degree, subdivision one
(Penal Law 221.10(1)), a misdemeanor. Additionally, this type of incident does not
constitute a sale or intent to sell under this Order. None of the people should be
arrested and charged with selling marijuana.
Page 4 of 5
43
ADDITIONAL
DATA
(continued)
MARIJUANA IN A VEHICLE
If marijuana is observed inside a vehicle with multiple occupants, every attempt
should be made to identify the person in custody and control of the marijuana. Only
that person should be issued a C-summons or be arrested for the possession of the
marijuana. Normally the operator of a private vehicle would be considered in custody
and control of any items in the vehicle, unless it is found on the person of a passenger
or in such a manner that would lead an officer to believe that a passenger has
custody and control of the item.
PERSONS EXTINGUISHING MARIJUANA IMMEDIATELY PRIOR TO
APPREHENSION
An officer does not have to personally observe a person in possession of marijuana
burning in public. If there is probable cause to believe that a person was in
possession of burning marijuana in public (i.e., the unique smell of burning
marijuana), yet the officer only observed the person in possession of an extinguished
marijuana cigarette, that person may be arrested and charged with Criminal
Possession of Marihuana in the Fifth Degree, subdivision one (Penal Law 221.10(1)),
a misdemeanor.
4.
Operations Order 49, series 2011, is hereby REVOKED.
5.
Operations Order 13, series 2013, is hereby REVOKED.
6.
Commanding officers will ensure that the contents of this Order are immediately brought
to the attention of members of their commands.
BY DIRECTION OF THE POLICE COMMISSIONER
DISTRIBUTION
All Commands

Page 5 of 5
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OPERATIONS ORDER

To provide for the issuance of a Criminal Court summons (C-summons) in

When a person is found in possession of 25 grams or less of marijuana in a

Confiscate contraband for subsequent testing and invoicing as per

Person is wanted in connection with an active

A person should be issued a summons in the field unless further investigation is

IF THE PERSON IS ISSUED A CRIMINAL COURT SUMMONS IN THE

OPERATIONS ORDER NO.

Have marijuana invoiced as per Patrol Guide Procedure 218-08,

IF THE PERSON IS TO BE REMOVED TO THE COMMAND

Comply with appropriate arrest processing guidelines and remove

Question officer regarding circumstances that led to the apprehension

IF PERSON QUALIFIES FOR A CRIMINAL COURT SUMMONS AT THE

Issue the person a C-summons for violation of P.L. 221.05 Unlawful

OPERATIONS ORDER NO.

Release person after C-summons has been issued.

IF PERSON DOES NOT QUALIFY FOR A CRIMINAL COURT

Direct issuance of Desk Appearance Ticket (DAT) if person is

A GROUP OF PEOPLE SMOKING MARIJUANA

Operations Order 49, series 2011, is hereby REVOKED.

Operations Order 13, series 2013, is hereby REVOKED.

OPERATIONS ORDER NO.

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